1.Introduction
We are in an era referred to as the fourth industrial revolution, characterised by a rapid boom in automated technology completely controlled by artificial intelligence. These so-called robots are now replacing human manpower in many different fields. It is therefore wholly inevitable that the law should respond to this society-wide situation and that adequate legislation should be adopted to reflect the particular specifics of the mass use of new technologies.
This is an essential step to ensure that legal entities are not in a legal vacuum as regards the establishment of legal relations in connection with robotics. In particular, when it comes to the question of liability, it is essential to make it clear who is to be responsible for any damages caused as a result of artificial intelligence activity. This question becomes especially important with the development of self-driving (autonomous) vehicles. In the event of an accident, will it be the “driver” (who is not able to prevent the accident), the manufacturer or the operator who is at fault?
It is therefore no surprise that on 12 January 2017 the European Parliament’s Committee on Legal Affairs submitted a proposal to draw up civil law rules for robotics. This proposal was subsequently approved by MEPs and a resolution was adopted ordering the European Commission to submit specific draft community legislation defining rules on robotics.
The basic aspects of this proposed new legislation can be found here:
https://www.europarltv.europa.eu/cs/programme/society/robolaw-regulating-robotics
2. A brief summary of the main aspects of robotics law
Terminology
The new legislation should particularly define the terms “robot” and “artificial intelligence”, to make it clear what can and cannot be subsumed under those terms.
Electronic entity
In the long term there are even proposals to create a so-called electronic entity, which would exist alongside individuals and legal entities. In relation to this the proposal states:
“In the long term the special legal status of robot will be created, to ensure that at least the most complex autonomous robots have the status of an electronic entity liable to provide compensation for any damage caused; the concept of electronic entity could also be used in cases where robots make autonomous decisions or otherwise independently interact with third parties;”
Robot registry
A robot registry should also be introduced and the system used to register them should be amended. The registration system and registry should be unified for the whole of the EU. According to the proposal, it could be administered by a special EU agency for robotics and artificial intelligence, the creation of which has also been proposed.
Separate legislation should then be drawn up to cover autonomous means of transport, unmanned drones (RPAS), nursing and medical robots and even CPS (cyber-physical systems) cybernetic implants.
Modifications should also be made to the basic ethical principles which should be unconditionally encoded in every autonomous artificial intelligence machine manufactured. These principles should be based on the notorious laws of robotics devised by Isaac Asimov in the nineteen forties in the event that people came to live with machines with artificial intelligence. For the sake of completeness, these laws are as follows.
- A robot may not injure a human being or, through inaction, allow a human being to come to harm.
- A robot must obey the orders given it by human beings except where such orders would conflict with the First Law.
- A robot must protect its own existence as long as such protection does not conflict with the First or Second Laws.
Security
The laws on robotics should also cover cyber-security and the handling of personal data; they should also take account of employees who lose their jobs to robots.
Liability
The new laws should contain detailed provisions concerning liability for damage caused by a robot or by artificial intelligence. Several concepts of this liability are currently being considered, in addition to the electronic entity mentioned above.
Insurance
One proposal to deal with the complex question of liability for damage caused by robots with a high degree of autonomy is the creation of a compulsory system of insurance, like the one used for motor vehicles. The difference would be that the insurance would be to cover an error in an autonomous system rather than human actions or error.
Robotics fund
The insurance described above could also be supplemented by a special fund to enable compensation to be paid for damage in cases where there is no insurance cover.
Robotics today
However, until the appropriate legislation is adopted Member States will have to treat the field of robotics under their existing general laws.
Under Czech law an autonomous robot will thus be considered to be a thing, and the liability for any damage will therefore lie with the person in charge with supervision over that thing or the person who neglects to perform the mandatory supervision. If there is no such a person, liability will lie with the robot’s owner.
3. Conclusion
With regard to the above it is clear that sooner or later we will see special legislation for autonomous robots controlled by artificial intelligence. This is already a widespread phenomenon, one we often come across in real life, yet there is still no adequate legislation governing it.
It will certainly be interesting to see the eventual European legislation for robotics. However, the concepts outlined above seem interesting and sensible. We believe that the adoption of such legislation would be beneficial, as from a long-term perspective the current laws governing damage caused by a thing could not be upheld for autonomous robots.
For more information, please contact our office’s partner, Mgr. Jiří Kučera, e-mail:jkucera@kuceralegal.cz ; tel.: +420604242241.